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(영문) 서울중앙지방법원 2017.07.19 2017고정1278

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice hall with the first underground of Jung-gu Seoul Metropolitan Government.

1. No singing practice room business operator shall employ any entertainment loan, arrange any entertainment service provider, or arrange any entertainment service provider;

Nevertheless, at around 13:00 on October 26, 2016, the Defendant arranged for entertainment by allowing guests to engage in entertainment activities for customers upon request by two customers, including D, in the instant singing practice place.

2. No music practice room business operator who provides alcoholic beverages shall sell or provide alcoholic beverages;

Nevertheless, the defendant sold 6 caner owners, such as customers D, at the time and place of the above Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning each of the police suspects against the accused, F, or E;

1. Application of the Acts and subordinate statutes concerning investigation reports, enforcement photographs, and investigation reports (related to alcoholic beverage sales);

1. Relevant Article of the Act on the Promotion of Music Industry and Articles 34 (2), 22 (1) 4 (the occupation of arranging a loan and of fine) concerning facts constituting an offense, and Articles 34 (3) 2 and 22 (1) 3 (the occupation of alcoholic beverage sales and the choice of fine) of the Music Industry Promotion Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;